Court ruling leaves millions of immigrants in limbo

Let’s hope President Obama gets a better call at the U.S. Supreme Court than he got at the U.S. 5th Circuit Court of Appeals, which upheld a Texas-based federal judge’s injunction blocking the president’s immigration overhaul aimed at shielding millions of undocumented immigrants from deportation.

This week, Obama said he would appeal the New Orleans-based court’s ruling that blocks programs he established through the power of his office to allow about five million undocumented immigrants to work and live in the United States legally if they qualify under the Deferred Action for Parents of Americans and Permanent Residents or an expansion of his Deferred Action for Childhood Arrivals (DACA) program.

There are no guarantees that the Supreme Court will take up the appeal, but if it does, it needs to happen soon. After all, time is running out for Obama, who leaves office in January 2017.

At issue in the case is whether the president has the legal authority to determine how to use the administration’s resources in immigration enforcement. Obama sought to bar the deportation of the undocumented parents of American children. Twenty-six states, led by Texas, brought a lawsuit against the Obama administration, saying that the president had overstepped his legal authority. Those states prevailed with the federal 5th Circuit court.

That puts the fate of DAPA in the hands of the Supreme Court. But if the high court doesn’t take up the case, DAPA’s fortunes — along with Obama’s earlier executive action in the DACA program — likely would be tied to the man or woman who wins the 2016 presidential election. DACA aims to legalize children who were brought to the country illegally before June 2007 or their 16th birthday. The 5th Circuit court ruling doesn’t affect the latter. It does block its expansion, however.

During this year’s presidential debates, Democratic candidates — most notably frontrunner Hillary Clinton — have signaled their strong support of DAPA and DACA. By contrast, Republican candidates — most notably Sens. Marco Rubio, R-Florida, and Ted Cruz, R-Texas. — have pledged to end them.

A similar partisan divide is evident in Texas.

“The court’s decision is a vindication for the rule of law and the Constitution,” said Texas Gov. Greg Abbott. “The President’s job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today.”

Travis County Judge Sarah Eckhardt, a Democrat who presides over the Travis County Commissioners Court, released this statement: “President Obama’s proposed executive action would have provided 37,000 Travis County residents with immigration relief. Because of the 5th Circuit’s ruling, millions of members of our community and communities like ours across the country continue to live in fear that at any time they or their loved ones could be detained or deported. Instead of allowing a sensible policy, whereby members of our communities would be allowed to come out of the shadows and contribute fully to the American economy, the 5th Circuit Court chose to leave millions in limbo.”

We will wait to see if the Supreme Court does hear Obama’s appeal. In the meantime, we are going to hear plenty more talk about this and other immigration issues that have become a flash point in presidential politics. What we won’t see, however, is action by the Congress on long overdue immigration reform. That is too bad.

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